DISMISS; and Opinion Filed December 4, 2014.

S

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-14-00899-CV

RANDALL W. MOIR, Appellant

V.

JP MORGAN CHASE NA, Appellee

On Appeal from the 429th Judicial District Court

Collin County, Texas

Trial Court Cause No. 429-04102-2013

MEMORANDUM OPINION

Before Justices FitzGerald, Fillmore, and Stoddart

Opinion by Justice Fillmore

Randall Moir appeals the trial court’s order granting the application for expedited 

foreclosure of a home equity lien filed by appellee JP Morgan Chase Bank, NA, pursuant to 

Texas Rule of Civil Procedure 736.8. Upon review of the clerk’s record, it appeared that the 

order from which the appeal was taken was not an appealable order. On August 19, 2014, we 

notified appellant by letter that we questioned our jurisdiction over the appeal. We gave 

appellant ten days to file a jurisdictional brief explaining how this Court has jurisdiction in light 

of the provisions of rule 736.8(c). In response, appellant stated that a rule 736 order is 

appealable when “basic legal principles of common law regarding jurisdiction and standing have 

been violated.” Thereafter, appellee responded that the appeal should be dismissed for lack of 

jurisdiction on the ground the order is not appealable based on the plain language of rule 736. 
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Appellee noted that appellant has cited no authority in support of his proposition that the order is 

appealable.

Appellate courts may review only final judgments or interlocutory orders specifically 

made appealable by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). 

Rule 736.8(c) specifically provides that an order granting or denying an application under rule 

736 “is not subject to a motion for rehearing, new trial, bill of review, or appeal” and must be 

challenged in a separate, independent, original proceeding in a court of competent jurisdiction. 

See TEX. R. CIV. P. 736.8(c); see also Pittman v. Fed. Nat’l Mortg. Ass’n, No. 05-14-00853-CV, 

2014 WL 4207154, at *1 (Tex. App. Dallas Aug. 26, 2014, no pet.) (mem. op.) (dismissing 

appeal for want of jurisdiction). Here, the order appellant seeks to appeal granted the expedited 

home equity foreclosure application filed by appellee pursuant to rule 736.8. The appeal is 

precluded by rule 736.8(c). See TEX. R. CIV. P. 736.8(c). The Legislature has provided appellant 

a means for challenging the trial court’s order, but that exclusive means is an original proceeding 

in a court of competent jurisdiction rather than an appeal to this Court. Because appellant

challenges an unappealable order, we hold that we have no jurisdiction to consider this appeal.

Accordingly, we dismiss this appeal for want of jurisdiction. 

140899F.P05

/Robert M. Fillmore/

ROBERT M. FILLMORE

JUSTICE
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Court of Appeals

S

Fifth District of Texas at Dallas

JUDGMENT

RANDALL W. MOIR, Appellant

No. 05-14-00899-CV V.

JP MORGAN CHASE NA, Appellee

On Appeal from the 429th Judicial District 

Court, Collin County, Texas

Trial Court Cause No. 429-04102-2013.

Opinion delivered by Justice Fillmore, 

Justices FitzGerald and Stoddart 

participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED for want 

of jurisdiction.

It is ORDERED that appellee JP MORGAN CHASE NA recover its costs of this appeal 

from appellant RANDALL W. MOIR.

Judgment entered this 4th day of December, 2014.